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Usurped power
Usurped powerInsurance. By an article of the printed proposals which are considered as making a part of the contract of insurance it is provided, that "No loss of damage by fire, happening by any invasion, foreign enemy, or any military or usurped power whatsoever will be made good by this company." Lord Chief J. Wilmot, Mr. Justice Clive, and Mr. Justice Bathurst, against the opinion of Mr. Justice Gould, determined that the true import of the words usurped power in the proviso, was an invasion, from abroad, or an internal rebellion, where armies are drawn up against each other, when the laws are silent, and when the firing of towns becomes unavoidable; but that those words could not mean the power of a common mob. RELATED TERMS-------------------------------------- Insurance Contracts. It is defined to be a contract of indemnity from loss or damage arising upon an uncertain event. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. Loss contracts. The deprivation of something which one had, which was either advantageous, agreeable or commodious. Damage Torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident. Invasion The entry of a country by a public enemy, making war. Foreign That which belongs to another country; that which is strange. Military That which belongs or relates to the army. Power This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice. Will A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed. Lord In England, this is a title of honor. In the U. S. no such titles are allowed Chief Principal. One who is put above the rest. Justice Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected. Opinion 1) Practice. A declaration by a counsel to his client of what the law is, according to his judgment, on a statement of facts submitted to him. The paper upon which an opinion is written is, by a figure of speech, also called an opinion. 2) Evidence. An inference made, or conclusion drawn, by a witness from facts known to him. 3) Judgment. A collection of reasons delivered by a judge for giving the judgment he is about to pronounce the judgment itself is sometimes called an opinion. Proviso The name of a clause inserted in an act of the legislature, a deed, a written agreement, or other instrument, which generally contains a condition that a certain thing shall or shall not be done, in order that an agreement contained in another clause shall take effect. Rebellion Criminal law. The taking up arms traitorously against the government and in another, and perhaps a more correct sense, rebellion signifies the forcible opposition and resistance to the laws and process lawfully issued. Each Every one of the two or more composing the whole. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Mean This word is sometimes used for mesne. Common marriage law. a marriage in which no formal ceremony took place and no license exists. SIMILAR TERMS-------------------------------------- Usurpation "1) Torts. The unlawful assumption of the use of property which belongs to another; an interruption or the disturbing a man in his right and possession. 2) Government. The tyrannical assumption of the government by force contrary to and in violation of the constitution of the country. Usurper Government. One who assumes the right of government by force, contrary to and in violation of the constitution of the country Usury Contracts. The illegal profit which is required and received by the lender of a sum of money from the borrower for its use. In a more extended and improper sense, it is the receipt of any profit whatever for the use of money: it is only in the first of these senses that usury will be here considered. PREVIOUS AND NEXT TERMS-------------------------------------- Usher This word is said to be derived from a huissier, and is the name of an inferior officer in some English courts of law Usucaption Civil law. The manner of acquiring property in things by the lapse of time required by law. Usufruct Civil law. The right of enjoying a thing, the property of which is vested in another, and to draw from the same all the profit, utility and advantage which it may produce, provided it be without altering the substance of the thing. Usufructuary Civil law. One who has the right and enjoyment of an usufruct. Usurpation "1) Torts. The unlawful assumption of the use of property which belongs to another; an interruption or the disturbing a man in his right and possession. 2) Government. The tyrannical assumption of the government by force contrary to and in violation of the constitution of the country. Usurped power Usurper Government. One who assumes the right of government by force, contrary to and in violation of the constitution of the country Usury Contracts. The illegal profit which is required and received by the lender of a sum of money from the borrower for its use. In a more extended and improper sense, it is the receipt of any profit whatever for the use of money: it is only in the first of these senses that usury will be here considered. Uterine brother Domestic relations. A brother by the mother's side. Uti possidetis This phrase, which means as you possess, is used in international law to signify that the parties to a treaty are to retain possession of what they have acquired by force during the war. Utter barrister English law, Those barristers who plead without the bar, and are distinguished from benchers, or those who have been readers and who are allowed to plead within the bar, as the king's counsel are. The same as ouster barrister. 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